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Green v. Universal Auto Care (In re Green)

Green v. Universal Auto Care (In re Green)

Ruling
Towing company's refusal to surrender vehicle towed prepetition did not violate stay.
Procedural posture

Plaintiff chapter 7 debtor filed a complaint against defendant, a towing company, seeking damages for violation of the automatic stay. After the towing company failed to answer the complaint, the debtor filed a motion for a default judgment pursuant to Fed. R. Civ. P. 55, as incorporated by Fed. R. Bankr. P. 7055.

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Consumer opinion summary, case decided on February 16, 2010 , LexisNexis #0410-126